Directive 2004/108/EC aims to harmonise the provisions of national law ensuring the protection of equipment against electromagnetic disturbance . The Directive is based on the principles of the ‘new approach’ to technical harmonization and standards. In accordance with this new approach, the design and manufacture of equipment is subject to essential requirements in relation to electromagnetic compatibility .

ACT

Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility and repealing Directive 89/336/EEC.

SUMMARY

The purpose of this Directive is to regulate the electromagnetic compatibility (EMC) of equipment .

It aims to harmonise the provisions of national law ensuring the protection of equipment against electromagnetic disturbance in order to guarantee the free movement of electrical and electronic apparatus within the internal market.

The ‘EMC Directive’ also seeks to create an electromagnetic environment in the EU, without lowering justified levels of protection in EU countries.

In accordance with the principles of the ‘new approach’ to technical harmonization and standards, the design and manufacture of equipment is subject to essential requirements in relation to electromagnetic compatibility.

Scope

The Directive applies to equipment, i.e. apparatus and fixed installations . EU countries must take all appropriate measures to ensure that equipment placed on the market and/or put into service complies with the requirements of the Directive. At the same time, EU countries shall not impede the placing on the market and/or the putting into service in their territory of equipment which complies with the Directive.

radio equipment used by radio amateurs within the meaning of the Radio Regulations adopted by the International Telecommunication Union (ITU);

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equipment which, by its very nature, is incapable of generating electromagnetic emissions which exceed a level allowing radio and telecommunication equipment and other equipment to operate as intended;

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equipment which, by its very nature, operates without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent upon its intended use.

Essential requirements

Some of the provisions of the Directive apply in common to both apparatus and fixed installations . This is especially the case for the provisions on essential requirements in terms of generic electromagnetic protection. These stipulate that equipment should be designed and manufactured in such a way that:

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the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended;

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it has a level of immunity to electromagnetic disturbance which allows it to operate without unacceptable degradation of its intended use.

Conformity assessment

A distinction is made between apparatus and fixed installations, particularly with regard to the procedure for assessing conformity with the essential requirements of the directive. For apparatus, it is up to the manufacturer to assess compliance with the requirements of the directive, in accordance with a specific procedure. The conformity has to be demonstrated through a technical file and attested through the issue of a declaration of conformity. Apparatus which complies and can be placed on the European market shall bear the ‘CE’marking.

Manufacturers are at liberty to request the assistance of a notified body. Notified bodies can issue certificates confirming compliance with the essential requirements of the directive.

Such formalised conformity assessment procedures were not considered appropriate for fixed installations (such as electricity distribution networks and telecommunications networks). Nor are they obliged to bear the CE marking. However, these fixed installations should be set up in accordance with good engineering practice and documentation which is made available to the competent national authorities. Where there are elements indicating non-compliance by the fixed installation (particularly where there are complaints about disturbances being generated), the competent national authorities may request evidence of compliance by the fixed installation, or initiate an assessment. Where non-compliance is established, the competent authorities may impose appropriate measures to bring the fixed installation into compliance with the essential requirements.

Apparatus which may be incorporated into a fixed installation is subject to all relevant provisions for apparatus. However, in the case of apparatus specifically intended to be incorporated into a fixed installation and not otherwise commercially available, it is not compulsory to apply the provisions on:

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the essential requirements;

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the conformity assessment procedure;

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the ‘CE’ marking;

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the provision of product information.

Product information

In accordance with Decision 93/465/EEC, each apparatus shall be accompanied by information (such as type or batch number) allowing the product to be clearly identified, including the name and address of the manufacturer. The manufacturer shall provide information on any specific precautions that have to be taken when the apparatus is assembled, installed, maintained or used. If the manufacturer is not established within the EU, the apparatus shall be accompanied by the name and address of his authorised representative or the person in the Community responsible for placing the apparatus on the Community market.

Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonization directives [Official Journal L 220, 30.08.1993, p. 23-39].